Laxmi Ramesh Kharat v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 298 OF 2026 Laxmi Ramesh Kharat Vs.

State Of Maharashtra & Anr.

Mr. Ramanik Pawar a/w Mr. Amit Waykool i/b Mr. S. V. Mahamulkar, advocate for the Applicant Mr. Anand S. Shalgaonkar APP for the State CORAM : SACHIN S. DESHMUKH, J.

DATE : 28th APRIL, 2026.

P. C. :

1.

The applicant seeks regular bail in connection with C.R. No. 318/2025 dated 27/07/2025 registered with Umbraj Police Station, District Satara for offences punishable under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

Learned counsel for the applicant submits that the applicant is falsely implicated in the crime. The alleged incident has occurred owing to domestic discord. As such, there is no pre-meditation on the part of the applicant. There is no use of deadly or lethal weapon by the applicant and in the absence of injuries to the vital parts of Digitally signed by IRESH MASHAL Date:

2026.04.28 20:16:40 +0530 IRESH MASHAL the body of the deceased, the allegations remain unsubstantiated. 1 of

The applicant is in custody since 27/07/2025 and being a woman is also entitled for statutory protection under Section 480 of Bhartiya Nagarik Suraksha Sanhita, 2023. Hence, prayed to allow the application.

3.

Learned APP has opposed the application submitting that the offence is serious in nature. The applicant is the wife of the deceased and alongwith the other family members/co-accused committed the murder. As such, prayed to reject the application. 4.

Having heard the submissions from both the sides and upon perusal of the record, particularly the F.I.R. indicates that the applicant is the wife of the deceased and the other co-accused are the family members. The alleged incident appears to have occurred on account of deceased who was drunk and allegedly beat the applicant due to a trivial issue of not having cooked the meal. Consequently, the other family members/co-accused tried to rescue the applicant resulting into a sudden quarrel and the subsequent death of the deceased.

5.

Considering the over all facts and circumstances, prima facie the role of the applicant does not satisfy the requirements under 2 of

Section 103 of the Bhartiya Nyaya Sanhita, 2023 as there is absence intent or of pre-meditation. Furthermore, the co-accused i.e. daughter of the applicant is released on bail by this Court vide order dated 01/04/2026 in Criminal Bail Application No. 232 of 2026. 6.

Under the proviso to Section 480(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the legislature provides a distinct benefit to women in matters of bail. Considering that applicant is old woman, the Court exercises its judicial discretion to lean towards release. 7.

Nevertheless, the investigation is complete for all intent and purpose and the charge-sheet is filed. Having regard to the number of witnesses which the prosecution proposes to examine, it is very unlikely that the trial can be commenced and concluded within a reasonable period. The arrest of the applicant has been effected on 27/07/2025 and since then, the applicant is in jail. 8.

Hence following order.

O R D E R

I.

The bail application is allowed.

II.

Applicant, Laxmi Ramesh Kharat be released on bail, on furnishing P.R. bond in the sum of Rs.50,000/- (Rs.Fifty Thousand) with one or two local solvent sureties, in the like 3 of

amount, in connection with C.R. No. 318/2025 dated 27/07/2025 registered with Umbraj Police Station, District Satara for offences punishable under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence, in any manner.

(b) The applicant shall attend the trial on each and every date unless exempted by the trial Court. (c) The applicant shall submit Aadhar and Pan Cards to the Investigating Officer and detailed address and phone numbers and two of the near relatives.

(d) In case of breach of any of the conditions by the applicant, it is open for the Prosecution to move the concerned Court seeking cancellation of bail, notwithstanding the fact that this Court has granted bail to the Applicant.

9.

Needless to state that the observations rendered herein are to the extent of this application and the trial Court shall not be influenced by the same.

[SACHIN S. DESHMUKH, J.] 4 of